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(영문) 서울남부지방법원 2015.10.15 2015노549
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was in a state of mental disorder by drinking alcohol.

B. The sentence imposed by the court below on the defendant (the fine of 500,000 won) is too unreasonable.

2. Determination

A. In light of various circumstances, such as the background of the instant crime and the Defendant’s behavior or attitude before and after the instant crime, which is acknowledged by the lower court and the evidence duly examined by the trial court, as to the assertion of mental and physical disorder, the fact that the Defendant was the principal offender at the time of the instant crime is recognized, but did not have the ability to discern things or make decisions by the Defendant under the influence of alcohol.

Since it seems that the defendant was in a state or weak condition, the above argument by the defendant is without merit.

B. In full view of the degree of assault in this case’s determination on the assertion of unfair sentencing, the circumstances following the instant crime, circumstances after the instant crime, larceny of night buildings, etc. as indicated in the judgment of the court below, which became final and conclusive, and all the circumstances constituting the conditions for the sentencing of this case as indicated in the records and arguments, such as equity, etc., even in light of the circumstances asserted by the Defendant as the grounds for appeal, the sentence of the court below is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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